ELR Citation: ELR 20554
No(s). 81-3182 (9th Cir. Sep 28, 1982)

The Ninth Circuit upholds the district court's judgment assessing a civil penalty against a fishing vessel for the taking of a marine mammal in violation of the Marine Mammal Protection Act. The district court did not err in applying the preponderance of the evidence standard rather than criminal standards of proof because the statute indicates that the penalty is civil, not criminal, in nature.

Counsel for Appellant
Richard H. Friedman
Royce, Wallenberg & Friedman
514 Lake St., Sitka AK 99835
(907) 747-3258

Counsel for Appellee
Martin W. Matzen
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2850

Joined by Pregerson and Alarcon, JJ.